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When do you get the deed back and from who?

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  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi Jx,

    Many thanks for your information here. Could you please tell me what "other documentations" did you get from your solicitor?

    Becasue I have not received ANY documents from mine - literally - not even a piece of paper - and I rang her and all she told me now its that theres no long any paper deed but have not mentioned of giving me back anything else....

    Thanks and much appreciated!

    Well, it's not actually arrived yet, they just emailed to say it's coming.

    We'll also be receiving (in the 'other documentation'):

    1. Deed of Variation (not applicable to you - this was to prove 2 garages came with our house)
    2. Certificate of Consent to registration
    3. Receipted Notice of Transfer and Charge
    4. Certificate of Completion and NHBC guarantee and booklet(house only 8 years old)

    Hope that helps a bit.
    Jx
    2024 wins: *must start comping again!*
  • Hi Jeffrey Shaw,

    Many thanks for your reply above. Could you please advise who I can get the hard copy lease from? Because my solicitor kept on saying there's no longer any deeds - that it is all electronic. So 3 months after completion, I still have not got any docuements from her.

    Many thanks once again and much appreciated
    On completion, your solicitor ought to have taken-up the lease handed-over by V's solicitor. So ask yours why not. In its absence, HMLR can issue an official copy lease BUT that would cost £12 or £24 [depends on format held there].
  • Johnhowell
    Johnhowell Posts: 692 Forumite
    Part of the Furniture 500 Posts
    edited 4 September 2011 at 7:54PM
    Hi John,

    Many thanks for your reply above. Could you please advise what else would be on the deed pack and when we should receive it after completion? My solicitor dont seem to going to give me anything back at all. I called her up and all she told me its theres no longer a physical deed needed...but have not mentioned anything about the deed pack.

    Many thanks once again and much appreciated!

    Deed Pack is the bundle of papers that go with the Deed - as each purchase/sale happens papers accumulate (searches etc.) and they just get attached to the deed.

    Depends on the age of the property, how many times it has changed hands, how many solicitors, mortgage lenders it has gone through - if it has been registered with HMLR - whether the deed pack exists. All it needs is one solicitor stating that the paper copies are no longer needed and the papers get destroyed...

    My partner had to trace back 3 solicitors/mortgage lenders to find the pack.

    Your solicitor can not give you anything if they do not receive anything... I am sure there is no defined time for the release of these papers. Once I got them 8 years after purchase because it was the policy of that particular lender.

    All you can ask is that the solicitor forward to you any and all papers pertaining to the property on receipt. Not to ignore/destroy them just because "they are no longer required". I feel this as a get out clause for doing less work.

    Good luck,
    John
  • Hi all,

    Many thanks for all your response above - could someone please advise me if there is a receipt we receive after paying for our stamp duty?

    Many thanks for all your help once again!
  • You mean SDLT. Yes- the Certificate in form SDLT5 incorporates a receipt.
  • Flat_Eric
    Flat_Eric Posts: 4,068 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 September 2011 at 6:47PM
    If you haven't received anything from your solicitor then you could always give your local Land Registry a call. They are very helpful. If you have the Title Number for the Leasehold flat then they should be able to tell you/confirm its in your name. Your solicitor will have sent the Stamp Duty Land Tax Certificate (SDLT5) in with the application to register your purchase so you would need to check with them to see if they have a copy of the certificate you can have. The Land Registry don't return this as far as I can remember.

    Once the Land Registry have registered your purchase, they send the Completion of Registration document to your solicitor. If you have a mortgage over the flat then your solicitor sends this to your mortgage lender but they should send you a copy also. Perhaps this went to your old address ?

    There is a lot of confusion over deeds now and it causes a lot of headaches. If you google dematerilisation of deeds then you will probably get a better explanation than I can offer but simply put, the Land Registry hold records electronically now.

    In certain circumstances (for example when a property is first registered) then the Land Registry will require sight of the original deeds. The Land Registry will scan the documents they need and return them to the solicitor making the application. The lender doesn't want these deeds so they are usually retained by the solicitor or returned to the client. Dematerlisation of deeds came into force in october 2003 and as this has been rollled out, i suspect that some lenders have destroyed the deeds because they are no longer required. This is correct to some extent but a shame because they can often be very interesting particularly if the property is very old.

    They are also very useful for the solicitors to refer to when they are undertaking the conveyancing process.
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